Carlin et al v. DairyAmerica, Inc. et al

Filing 250

STIPULATION and ORDER regarding deadlines, signed by District Judge Anthony W. Ishii on 3/1/2016. (Kusamura, W)

1

Allison A. Davis (# 139203)
2 Sanjay M. Nangia (# 264986)
DAVIS WRIGHT TREMAINE LLP
3 505 Montgomery Street, Suite 800
San Francisco, CA 94110
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6
Charles M. English, pro hac vice
7 DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue, NW, Suite 800
8 Washington, D.C. 20006-3402
Telephone: [phone]
9 Facsimile: [phone]
[e-mail]
10
Attorneys for Defendant DAIRYAMERICA, INC.
11
[Additional Counsel listed on signature page]
12
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15

FRESNO DIVISION

16
17

GERALD CARLIN, JOHN RAHM, PAUL
18 ROZWADOWSKI and DIANA WOLFE,
individually and on behalf of themselves and
19 all others similarly situated,

STIPULATION AND ORDER
_______________

Plaintiff and Respondent,

20
21

CASE NO. 1:09 CV 00430 -AWI (EPG)

v.

22 DAIRY AMERICA, INC.,
23

Defendants.

24
25
26
27

Plaintiffs, individually and on behalf of themselves and all others similarly situated
(“Plaintiffs”), and Defendant DairyAmerica, Inc. (“DairyAmerica”), by and through their
respective attorneys of record, (collectively the “Parties”) hereby stipulate to the following:

28
1

STIPULATION RE DAIRYAMERICA’S DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT
Case No. 1:13-cv-00666-AWI (EPG)

1
2

RECITALS
Whereas the Parties wish to coordinate the initial filing, opposition, reply and hearing dates

3 in relation to Defendants DairyAmerica’s and California Dairies Inc.’s (“CDI”) Motions to
4 Dismiss the Third Amended Complaint in order to efficiently manage the Court’s and Counsels’
5 resources;
6

Whereas counsel for the Parties and CDI are negotiating a stipulation for this purpose and

7 anticipate filing this soon; and
8

Whereas the current deadline for DairyAmerica to respond to the Third Amended

9 Complaint is February 29, 2016, and Plaintiffs have agreed to provide DairyAmerica an interim
10 extension while the aforementioned stipulation is finalized.
11
12

STIPULATION
Therefore, IT IS HEREBY STIPULATED AND AGREED, by the Parties, through their

13 respective counsel of record, as follows:
14
15
16

1. DairyAmerica’s Motion to Dismiss Plaintiffs’ Third Amended Complaint, and all papers in
support of the same, are due filed and served on or before March 2, 2016;
2. It is anticipated that the Parties and CDI will file a further stipulation coordinating the

17

deadlines for the initial filing, opposition, reply and hearing dates in relation to Defendants

18

DairyAmerica’s and CDI’s Motions to Dismiss the Third Amended Complaint.

19
Dated: February 29, 2016

Respectfully submitted,

20
/s/ Allison Davis

/s/ Benjamin Brown

21
22 Allison A. Davis #139203
Sanjay M. Nangia #264986
23 DAVIS WRIGHT TREMAINE
505 Montgomery Street, Suite 800
24 San Francisco, CA 94111
Telephone: [phone]
25 Facsimile: [phone]
[e-mail]
26 [e-mail]

Benjamin D. Brown #202545
George F. Farah
COHEN MILSTEIN SELLERS & TOLL, PLLC
1100 New York Avenue, Suite 500 West
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

27 Charles M. English Pro Hac Vice
DAVIS WRIGHT TREMAINE LLP
28 1919 Pennsylvania Ave., NW, Suite 800

Joseph J. Tabacco, JR. #5484
Christopher T. Heffelfinger #118058
BERMAN DeVALERIO
2

STIPULATION RE DAIRYAMERICA’S DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT
Case No. 1:13-cv-00666-AWI (EPG)

1 Washington, D.C. 20006-3402
Telephone: [phone]
2 Facsimile (202 973-4499
[e-mail]
3

One California Street, Suite 900
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

4
Joseph M. Marchini #082427
5 BAKER MANOCK & JENSEN, PC
5260 North Palm Avenue,
6 Fourth Floor
Fresno, CA 93704
7 Telephone: [phone]
Facsimile: [phone]
8 [e-mail]
9 Counsel for DairyAmerica Inc.

Lynn L. Sarko
Cari Laufenberg
Juli E. Farris
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
claufenberg@keller rohrback.com
[e-mail]

10
Counsel for Plaintiffs and the Proposed
Class

11
12
13

ORDER

14 The Courts adopts the parties’ stipulation as follows:
15
16
17

1. DairyAmerica’s Motion to Dismiss Plaintiffs’ Third Amended Complaint, and all papers in
support of the same, are due filed and served on or before March 2, 2016;
2. It is anticipated that the Parties and CDI will file a further stipulation coordinating the

18

deadlines for the initial filing, opposition, reply and hearing dates in relation to Defendants

19

DairyAmerica’s and CDI’s Motions to Dismiss the Third Amended Complaint.

20
21 IT IS SO ORDERED.
22
23

Dated: March 1, 2016
SENIOR DISTRICT JUDGE

24
25
26
27
28
3

STIPULATION RE DAIRYAMERICA’S DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT
Case No. 1:13-cv-00666-AWI (EPG)